Terms & Conditions

Effective Date: January 17, 2025
Last Updated: January 17, 2025

Introduction

These Terms and Conditions ("Terms") govern your use of the Uplift mobile application ("App") operated by MYFC, LLC ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing and using this App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are under 13 years of age, your parent or legal guardian must review and accept these Terms on your behalf.

2. Eligibility and Account Registration

Age Requirements:

The App is designed for children in grades 1-6 (ages 6-12). Users under 13 must have parental consent to use the App.

Account Registration:

To use certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security and confidentiality of your password
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

3. Parental Consent and Supervision

For users under 13 years of age:

  • A parent or legal guardian must provide consent before the child uses the App
  • Parents are responsible for monitoring their child's use of the App
  • Parents may review, modify, or delete their child's account at any time
  • We comply with the Children's Online Privacy Protection Act (COPPA)

Parents can manage their child's account or request information by contacting us at support@readuplift.com.

4. Permitted Use of the Service

The App is an educational tool designed to help children improve reading skills. You agree to:

  • Use the App solely for personal, non-commercial, educational purposes
  • Access the App only through authorized interfaces provided by us
  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Use the App in a manner consistent with its educational purpose

5. Prohibited Activities

You may not:

  • Use the App for any unlawful or fraudulent purpose
  • Interfere with, disrupt, or damage the App or servers
  • Attempt to gain unauthorized access to any portion of the App
  • Use automated systems (bots, scrapers) to access the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove, obscure, or alter any copyright, trademark, or proprietary notices
  • Share your account credentials with others
  • Impersonate another person or entity
  • Transmit viruses, malware, or harmful code
  • Violate any applicable laws or regulations

6. Subscriptions and Payments

Subscription Plans:

The App offers the following subscription options:

  • Monthly subscription
  • Annual subscription

Payment Processing:

  • All payments are processed through Apple's App Store
  • Subscriptions automatically renew unless canceled
  • You will be charged through your Apple App Store account
  • Prices are subject to change with notice

Cancellation and Refunds:

  • You may cancel your subscription at any time through your App Store account settings
  • Cancellation takes effect at the end of the current billing period
  • Refunds are handled according to Apple's refund policy
  • No refunds for partial subscription periods

7. Intellectual Property Rights

Our Property:

All content, features, functionality, design, graphics, text, and software in the App are owned by MYFC, LLC or our licensors and are protected by:

  • Copyright laws
  • Trademark laws
  • Patent laws
  • Other intellectual property laws

Limited License:

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, educational purposes in accordance with these Terms.

User Content:

You retain ownership of content you create (reading preferences, progress data). By using the App, you grant us a license to:

  • Store and process your data to provide services
  • Display your progress and achievements to you
  • Use anonymized, aggregated data for analytics

8. Educational Content

The reading materials and educational content provided in the App are for informational and educational purposes only. While we strive for accuracy and quality:

  • We do not guarantee the completeness or accuracy of content
  • Content should not replace formal education or professional advice
  • We may update, modify, or remove content at any time
  • Third-party content may be subject to separate terms

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

10. Account Termination

Termination by You:

You may terminate your account at any time by:

Termination by Us:

We reserve the right to suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activities
  • Your account remains inactive for an extended period
  • We discontinue the App (with reasonable notice)

Effect of Termination:

Upon termination:

  • Your access to the App will cease
  • Your personal data will be deleted according to our Privacy Policy
  • Outstanding payment obligations remain due
  • Provisions that should survive termination will continue to apply

11. Disclaimers and Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free operation
  • Security or freedom from viruses

We do not warrant that:

  • The App will meet your specific requirements
  • The App will be available at all times
  • Errors or defects will be corrected
  • Results obtained from the App will be accurate or reliable

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYFC, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Business interruption
  • Damages arising from use or inability to use the App
  • Damages resulting from unauthorized access to your data

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless MYFC, LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws

14. Updates and Modifications to the App

We reserve the right to:

  • Modify, update, or discontinue the App at any time
  • Change features, functionality, or content
  • Require you to install updates to continue using the App
  • Discontinue support for older versions

We will provide reasonable notice for material changes when possible.

15. Changes to These Terms

We may revise these Terms from time to time. When we make changes:

  • We will update the "Last Updated" date
  • Material changes will be communicated through the App or email
  • Your continued use after changes constitutes acceptance
  • If you do not agree to changes, you must stop using the App

16. Dispute Resolution

Informal Resolution:

Before filing a formal claim, please contact us at support@readuplift.com to attempt to resolve the dispute informally.

Arbitration Agreement:

Any dispute arising from these Terms or the App shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

Class Action Waiver:

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or representative proceedings.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Nevada, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of courts located in Nevada for any disputes.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MYFC, LLC regarding the App and supersede all prior agreements and understandings.

20. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Email: support@readuplift.com
Company: MYFC, LLC
Address: 3200 Mount Charleston Drive, Pahrump NV 89048

21. Apple App Store Requirements

Third-Party Beneficiary:

Apple, Inc. is a third-party beneficiary of these Terms and has the right to enforce them against you.

Scope of License:

The license granted is limited to a non-transferable license to use the App on Apple devices that you own or control as permitted by Apple's Usage Rules.

Maintenance and Support:

MYFC, LLC, not Apple, is solely responsible for providing maintenance and support services for the App.

Warranty:

Apple has no warranty obligation with respect to the App. Any claims relating to the App are the responsibility of MYFC, LLC, not Apple.

Product Claims:

MYFC, LLC, not Apple, is responsible for addressing any claims relating to the App or your use of it, including:

  • Product liability claims
  • Claims that the App fails to conform to legal requirements
  • Consumer protection or similar legislation claims

Intellectual Property:

In the event of a third-party claim that the App infringes intellectual property rights, MYFC, LLC, not Apple, is responsible for investigation, defense, settlement, and discharge of such claim.

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